Editorial explainer — prepared by the Crime Watch Canada editorial desk from the Criminal Code as consolidated on the Justice Laws website. General information, not legal advice.
The provisions
The question on our About page asks which law targets trafficking “in women”. The answer is that Canada’s trafficking law protects everyone: the offences in sections 279.01 to 279.04 of the Criminal Code are written without reference to gender, and most convictions to date have involved women and girls trafficked for sexual exploitation.
- s. 279.01 — Trafficking in persons. Recruiting, transporting, transferring, receiving, holding, concealing or harbouring a person, or exercising control or influence over their movements, for the purpose of exploiting them. Maximum life imprisonment where the offence involves kidnapping, aggravated assault, aggravated sexual assault or causes death (minimum five years); otherwise up to 14 years with a minimum of four.
- s. 279.011 — Trafficking of a person under 18. The same conduct with a child victim; minimum sentences rise to six and five years respectively.
- s. 279.02 — Material benefit. Receiving a financial or other benefit knowing it results from trafficking: up to 10 years, or 14 years with a two-year minimum where the victim is under 18.
- s. 279.03 — Withholding or destroying documents. Taking a victim’s passport, immigration papers or identification to facilitate trafficking: up to five years, or 10 years with a one-year minimum for a child victim.
- s. 279.04 — Exploitation defined. A person is exploited when they are caused to provide labour or a service because they reasonably believe their safety, or someone else’s, would be threatened if they refused. The court may consider whether the accused used threats, force, coercion, deception or abused a position of trust or authority. Consent is not a defence.
Cross-border trafficking is also an offence under section 118 of the Immigration and Refugee Protection Act, and the proceeds are subject to forfeiture.
What trafficking looks like from outside
Most victims in Canada are Canadian citizens or residents, and most are moved between cities rather than across borders. Indicators include a person who is never alone or cannot speak for themselves, does not hold their own identification or money, shows signs of control by a “boyfriend” or “manager”, lives at their workplace, or has a story that does not match their circumstances. Labour trafficking appears in agriculture, construction, domestic work and hospitality as well as in the sex trade.
Where to turn
The Canadian Human Trafficking Hotline — 1-833-900-1010 — is confidential, multilingual and available 24 hours a day. In an emergency call 9-1-1. Anonymous information can go to Crime Stoppers at 1-800-222-8477 or through this site’s tip form. Our Safety Resources page lists victim-services contacts by province.
